Madhya Pradesh High Court
Nandkishor Sharma vs The State Of Madhya Pradesh on 30 November, 2015
1 M.Cr.C.No.12204/2015
(Nandkishor Vs. State of M.P.)
30.11.2015
Shri P.S. Bhadoria, Advocate with Shri Anshu Gupta,
Advocate for the applicant.
Shri Rajendra Singh Yadav, Public Prosecutor, for the
respondent/State.
Heard.
This is the second application for regular bail under Section 439 of Cr.P.C.
The applicant is in custody since 09.10.2015 in connection with Crime No.34/15 registered at Police Station Nateran, District Vidisha (M.P.) for the offence under Sections 363, 366-A, 376, 3(2) 5, 3 (1) 12 of S.C.S.T. (P.O.A) Act and 3/4 of Protection of Children from Sexual Offences, Act, 2012.
As per prosecution story, on 05.02.2015, the prosecutrix had gone to the school but did not return to the home. After searching she could not be found, her brother Ballu lodged a report at Police Station Nateran Vidisha. It is also suspected that she might have been abducted by some person. During the investigation her statement was recorded and after statements recorded, it is found that the applicant was having relationship with the prosecutrix about one and a half years. The minor 2 M.Cr.C.No.12204/2015 prosecutrix was eloped and married to the applicant.
On behalf of the applicant, it is submitted that in her statement under Section 164 (A) of Cr.P.C, the prosecutrix has expressed that she volunteered going with the applicant. The applicant and the prosecutrix got married and are living as husband and wife. The prosecutrix rang up to her house when she came to know that her mother is ill and a report has been lodged, she came back to village Kararia along with the applicant. Therefore, the applicant be given the benefit of bail.
On behalf of the State, the application is opposed on the ground that prosecutrix is minor.
Keeping in view the statements of the prosecutrix recorded by the JMFC, Ganjbasoda on 12.08.2015 that she had married to the applicant and living as a husband and wife, technically it is an offence, however, keeping in view that the prosecutrix has volunteered in going with the applicant and living together as husband and wife coupled with the fact that the trial would take a considerable time, without expressing any opinion on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs.
Fifty Thousand only) with one solvent surety in the like 3 M.Cr.C.No.12204/2015 amount to the satisfaction of the Trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. Applicant will not influence the prosecution witnesses.
2. Applicant will help the progress of the Trial.
3. Applicant will not indulge in any similar offence during the course of Trial.
4. If at all the applicant is found to breach any of the above conditions, the learned Trial Court would be at liberty to reconsider on the question of bail.
Certified copy as per rules.
(S.K. Palo)
mani Judge